HomeMy WebLinkAbout1975-05-28 211 AC RESOLVEf11
Introduced by Councilor Soucy, May ze, 1975
CITY OF BANGOR
(TIRE.)Q$djUCi.._.e�a1�.Complianee_with.Separtment of .C®merne Regulations
under Title VI of the Civil, agate Act of 1964
By CMP C of the CON of Busses:
RESOLVED, THAT, the City of Bangor wishes to make application for Federal
Assistance under Title % of the Jobe Opportunity program; and
WHIREAS, 24 CFR Pert 8 requires that certain assurances be given by the City
of Bangor with regard to Title VI of the Civil Rights Act of 1964.
NOW THIJUTURE BE IT RESOLVED, by the City Council of the City of Bator that
Us City of Bangor will warrant, covenant, agree, chance and undertake as a
recipient of Federal financial assistance from the Economic Development Adminis-
tration fortheBase Park Improvement Project, and will comply with Title VI of
the Civil Rights Ant of 1964 (public Lew 88-352), and with the requirements imposed
by or pursuant to regulations issued for the Department of Commerce and designated
as Part 8 of Sob Title A of Title 15 of the Code of Federal Regulations, to the
and that no person in the United States shall on the ground of race,
color or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subject to discrimination under ars program or activity for
Which Ne City of Bangor receives financial assistance from EDA; and hereby
further gives assurance that it will immediately take any measures necessary to
effectuate this agreeemant. In accordance with such assurances and without limiting
the above, the City of Rampor agrees:
1. Tint it will act engage in the discrimination prohibited in Section 8.6 (a)
of the Department's Regulations as applicable to its program, and in any
prohibited ant or course of conduct with respect thereto as further described
in Section 8.4 of the Department's Regulations.
2. That as to employment practices it will tube the actions specified in
Section 8.5 (b) (2) of the Department's Regulations.
3. That it recognizes its obligation for compliance with Title VI of the
Regulations extends not only to its direct activitles but also in accord
with Section 8.5.(b) (4) of said Regulations to secure that, where'applica-
ble, the contractors, subcontractors, suppliers, lessees, and other parties
'directly participating in the City of Bangor's project will c®ply with
Title VI of the Regulations with respect to such project. To that end,
IN CITY COUNCIL
'
May 26, 1975
Passed.
aa
CITY C= -
211 dcp
nesoe ve
Assuming compliance with Deoa[tment of
commseLCe Regulations UMe[ Title V1 of
the Civil Rights Act of 1964.
RECEIVED
1975 MAI 22 PM 2:54
CITY CLERN'S OFFICE
7*Y OF QI001?. MAINE
2
the City of Bangor agrees; (a) that it will obtain as part of its Con-
tractuAl arrangements with such parties, as a minimum form of assurance,
their Agreement in writing that each parties, their assignees and emceee-
"daring and in connection with the associated agreement relating to the
Federally assisted program, (i) will comply, to the extent applicable
s contractors, subcontractors, lessees, suppliers, or in any other
capacity, with the applicable provisions of the Regulations of the
United States Department of Commerce ( Part 8 of Subtitle A of Title
15 of the Code of Federal Regulations) issued pursuant to Title VI
of the Civil Rights Act of 1964 (P.L. 88-352), and will not thereby
discriminate Against Any person on the ground of race, color, o
national origin in their employment practices, in any of their own
contractual arrangements, in all services or accommodations which they
offer to the public, and in any of their other business operations,
(Yd) they will provide the information required by or pursuant to
said Regulations to ascertain compliance with the Regulations end these
assurances, and (iii) their noncompliance with the nondiscrimination
requirement of said Regulations and these a urancea shall constitute
e breech of their contractual arrangements with the Recipient whereby
said arrangements mqv be cancelled, terminated Cr suspended in whole
r in part or may be subject to enforcement otherwise by appropriate
legal proceedings";
(b) that it will secure the Compliance, And t d cooperate actively
with EDA in obtaining and enforcing the compliance, of Toad contracting
par�wtn the nondiscrimination required by the Act and Regulations and
their respective contractual arrangements, and in the event the City of
Bangor becomes involved in litigation with a non -complying party, it may
request EDA to enter Into such litigation W protect the interests of the
United States in the enforcement of these obligations; and (e) it will obtain
and furnish to the Assistant Secretary for Economic Development such infor-
mation as he may, require for the supervision or securing of such compliance.
4. That where EDA's financial assistance to the City of Bangor is to provide:
(a) real arty or structures thereon,the City of Bator's assurances
Thal a
OEM act penod dur which the real property or
structures are used for a purpose for which the assistance is extended o
for Another purpose involving the provision of similar services or benefits;
(b) personal property, the assurances shall be in effect for so long as
the recipient retains ownership or possession of the property, but in any
ant the time shall not be lees than the term of the loan and any exten-
sions thereof, and (c) any other type or form of assistance, the assurances
shell be In effect for the duration of the period during which the assistance
is extended to the program.
5. That any failure by the City of Bangor to comply with these assurances shell
constitute a breach of the agreement under which the City of Bangor receives
financial assistance from EW, that in such case of breach the Government
may refuse to make further disbursements Order said agreement, may accelerate
the maturity of the Recipient's financial obligations to the Department, and
may take ant other enforcement or remodial action or remedies provided in
theAct and the Department's Regulations or otherwise by law, which action
shell be severable and cumulative; and that the enforcement by the Covers -
sent of one or more rights shell not be prejudicial to its right to obtain
Judicial relief and/or take any other actionavaileble under the Act, Reg-
ulations, and City of Bangor's agreements with the Department.
6. That it will comply with the provisions with Section 112 of P.L. 92-65,
Public Works and Economic Development Act Amendments of 1971, Mich states
that:
"No person inthe United States shell, on the ground of sex,
be excluded_4xom participation in, be denied the benefits of,
or be subjected to discrimination under ary program or
activity receiving Federal financial assistance under the
Public Works and Economic Development Act of 1965."
7. Met these assurances shall be binding upon the City of Bangor, its grantees,
assignees, transferees, lessees, and successors in interest.
S. the City Wenger is hereby authorized to execute an behalf of and to bind
the City of Bangor to, the Assurances of Compliance with the llepertment of
Commerce Regulations under Title VS of the Civil Rights Act of 1964" (Form
ED -503) and the Addendum thereto. . _
ED.Scal U.S. DEPARTMENT OF COMMERCE Nome of Is,]...
one
U.11111ASSURANCES OF COMPLIANCE WITH THE DEPARTMENT OF City tad sore
COMMERCE REGULATIONS UNDER TITLE VI OF THE V11RI, No.
CIVIL RIGHTS ACT OF 1964
City of Bangor (hominurm called the "ReCi
paent") hereby wartentq covenmea, agteea,
earners, endundertaku that as esecipimtof Federal fineacial mausoleum, form Ae Erommack Development Adminisvr
m foe She Project above identified, it will comply with Title VI of the Civil Rifles Ace of 1964 (P.L. 88-352), the
mqurm,mr, imposed by or premium o Regular mil be the lopurruent d Camm,esod designated as Put 8
of Subtule A of Title 15 of the Code of Fedeent RegmI,d na, a ropy of which is attached berem, no the end ehac an
person in the United &area ,bell an She demand of once, color, or national wigio be excluded ham pmicipmim it, be
denied the benefits elf, or be otherwise subjem to diacitminacion under any proyam or xctiviry far which the Recipient
receives Federal financial ... mantle from EDA; and hereby father give, ",metals that IT well immedu ely take any
measures necessary to Alecum, due agreement.
Iv occur] Rich such assurances, and without limiting the-abov, the Recipient agrees:
1. Thu it will nor engage in She di Timm aw, prohibited in subparagraph (1), (2), u (3) a Section S.6(b) of the De-
gucmenc's RegulNma as applicable to its pmgmm, andira any prohimmd act or cause of coumt with respect
thereon m further described in Secure 8.4 of the Department's Regulations.
2. That a, to employment practices it will tame the sellersspecified ie Section 8.5(6)(2) of the Depumrtnt-, Reguln-
3. That it recognizes its obligation fur compliance with Title VI and the Regulations extends not only m its direct
activities We rano iv mmrd with Portion 8.5(6X4) of ,aid Regulations w assure that, where applicable, the cc,-
reactor,,
m
subcontmcm, suppliers, lessee,, sad other parties duectly participating in the Recipient's project will
comply with Title VI end the Regaled.. Rich respect to each project. To that end, the Recipient agteea; (a) chat
it will obtain as put of its utr"mml arrangements with such pwd"' as a minimum fears of ",our mese, their ague-
_ meat In writing that each parties, their assignee, and successors,
"during andin @mectim with the associated agreement coheres to the Federally asai mul program,
(i) will comply, to She extent applicable, as cuoummrs, mbrovvactom, lessees, suppliers, or in
tray other capacity, with the applicable provisions of the Regulations, of She United Star" Depam
t of Commerce (Pen 8 of Subtitle A of Tide 15 of the Code of Federal Regulation.) issued pm -
Tide VI of the Civil Rights Ace of 1954 (P.L. gd-352), nd will no: themby discriminate
against
st any person an the Second of met, color, of national origin in theft employmem practices, io
any of them own comeaceual mmngemenes, in all au,iae sir accommodations which they offer to
rhe public, and m any of their other Immumsa operations, (ii) they will pmaide the information rm
quved by or put said Regular Compliancewith the Regula mm Shea
and (i11) rheic noocomplivue with the mndisuiminadm requiremenc, of avid Regula.
md dose assurances shall constitute a breach of chew contractual Arrangements with the Re.
,ipiem whereby said moagemeon may be comm led, cerminued m smpmaled in wholeor he pmt or
may be aubject to enforcement Otherwise by appmprkee legal proceedings";
(b) that it will ..cure the compliance, mad consist and cooperaRS actively with EDA in cloaking and enforcing the
amplimce, of said contracting pewits with the amoiscriminu ter rtquimd by the Act u,d Regulatkm, sad their
ropative contractual armvgcmevm, au io 6, event She Recipieu becomes Walked iv litigation with a nan-
o ¢plying puny, it may request EDA to later into Each litigation an protect the interests of the United Star,, in
the eNorcemmt of these obligaemua; au (c) is will btaw and furnish to the Assismn: Secretary for Economic
Development such infmmanoft as he may requite fm the supervision or securing of such compliance.
A That where the Recipient is an institution referred to in Section 11.5(6)(9) d the Deputation's Regalaeima, the pro-
melon, of that 8ecrioo will be applicable to the Recipient's program.
sea, I
Iwwl umowt«oc aaeso-aaa
5. That whore ERA's financial assistance to the Recipient is no pcoaide: (e) rest panpvry or stmcmeea there", he
Recipient's assurances shall be in effect fm the period Acting which the teal Willett or continues arc used for e
purpose for which the aincome, stended oc for other peopnae volving the pro of shelf as
benefits; (b) personal propary,oheassureneo shall be in elect for so long as therecipiene cruise ownership or
permission of the property, but in any event the time shah me be less illi the term of theloan and soy lam-
a thereof, and (c) any other We or form of a , the season... .hall M it e(hct fm the dmwon ef
rhe period during which the marionette is exceeded to the program. -
6. That any fallen by the Recipient to comply with ¢hese announce, shall c"vim¢ a breach of the economists under
which the Recipient receives financial assistance from EDA, that In such case of hatch the Guveeomene may in-
fuse an make With,, distimsemeats miler said agemment, may acroissant the mawiry of the Recipient', financial
obligations not the blepsnmenq aMmry cake any other enforcement or mmedi,f acted or mmediea provided it the
Act and the Department Regulations as Otherwise by low, which also shall be ¢evocable i and militiaman; and
that at, eat .. want by rhe Govmmmmir of one or mormAgba shall ora M prejmW,id m its light to obtain judicial
relief and/o, take my mhe, action available made, the Ace, Regulations, and Retipimt's agrewnm with the an'
parallel.
]. Thar these testament shall he Wading rpm the Recipient, iosirmarees, aaegnees, amdereea, lessees, and mo-
cams" s in innocent.
Tee Recipient aromwledges that lc has received and read -cine Department's Regulations.
This inamorata is made and integral 61, 4th - day of Tuna ,19-ZL, it Bangor
City of Bigrajor By Merle F. Goff
..mel
City Hall, 73 Harlow St. Clty Manager
wea.q
Milt.)
(209) 1
m949-034_
,7-0 41 r
I. if 40'
Alvera Byaid ,a. Secretary of x (X
Na. a corporation organized and eaiaug by also, of the laws a the Elite of
woof the Sate of m Alsto 3'aelr,Iwo
of the cuunry or mmicipaliry of City of Bangor in the Sete of Maine ,
An he&by certify that 4 fa vving Walter who eaecaed dis arm umce heafull mehmiry ro bind she Recipient.
W wimess whe,ral I set my had and ofix the corporate, star,, or municipal seal Au 4th
day of Tune , h9 95 -
or
(SEAL)
winner eWna maaam ..rage] r.w...sr,nma.ew,
UNST'HD STATES DE1)AJGiJ1l1T OF CONW114TE
Econamic Development Administration
This ADDENDUH is to be executed and attached to Form. £D-503 and to Form ED -503A -
To Farm ED -503: Assurances of Compliance with the Department of Conmerce Regulations
Under Title VI of the Civil Nights Act of 1964, to be executed by Applicants} and to
Form ED -503A, Assunancee of Compliance with the Department of Commerce Regulations
Under Title VI of the Civil Rights Act of 1964, to be executed by Substantial and Direct
. Beneficiaries of FDA Public Works and Technical Assistance.
1. The reference in numbered paragraph 1. to "Sections 8.4 and 8.6(b)(1), (2) and (3)"
s deleted and the following reference substituted in lieu thereof: "Sections 8.4
and 8.6(a)."
2. The reference in numbered paragraph 4. to "Section 8.5(b)(9) is deleted and the
following reference substituted in lieu thereof: 'vection 8.5(b)(10).^
3. By execution of Forms FD -503 and FD -503A, Recipients and Substantial and Direct
Benoficinrics fee.hen agr c to comply with the provinons of Secticn 112 of Fablic
law 92-65, public Works and Economic Davelopment Act Amendments of 1971, Which
states that:
"No carbon
n the United States shall, on the ground of sex, be excluded
m
froparticipation in, be denied the benefits e r be subjcetad to
discrimination under any progr::m or activity r - g Federal rinanaisl.
assistanco under the Public works andEconwac Development Act of 1965."
4. This ADDL-.1ili: is hereby incoryoratod by xaforanco >_ -.,ort
rt of earn ED -503 0
Fora !LD -503A executed by the undersigned an the gtb day of Imp , 19'/5_.-
Cita of Bangor By: Merle F. Goff
City Hall, 73 Harlow St. City Manager
Address Title
June 4, 1975
_ _ _ _ _ _ _(Wtc_ _ _ _ _ _ _ _ _ data rc_ _ 11 _ _ _
- CERTIFICATION -
1, _ Alvers Byards Sac mtmy of X%%YX%
Inc., a corporation o enieed and a fisting by virtue of the laws of
the State of or the
(antnon zod official)
State of i or as City Clerk of the county or
City of Bangor authorised official)
municipality of g in the State of
do hereby certify the foregoing officer Who executed the Assurance has full authority
to bind the Recipiant/Boneficiary.
In witness whureof, I set nq hand and affix the corporate, state or aunicival
seal this 4th day of Tun 1 197 5 _
seal ' g
Secretary or other Offi§ al
Note: The certification must be executed by -a different corporate officer than the
person who signed Form ED -503 or Fact FL -503A or the Addendum. However, the certifl-
cation is not required to be executed on Farm FU -503A or no Addendum when the
sencnoioW du a single owner or a leirtnership.
PART III
SECTION B
Calculation of Federal Grant
Item No.
1
Administration Expense
Project Coordinator
$ 15,000
Construction Supervisor
91000
Foremen (3)
24,000
Accountant -Typist
7,000
Fringe Benefits
36,500
Office supplies
51000
Field Supplies
8,500
-
Office Space
11000
$106,000
Item No.
Il
Unskilled labor
$188,750
Material
22,000
$210,750
Item No.
12
$ 43,250
Total _
$360,000
Bangor, obs sneer of Maine -abs Gat" no Mainly Nora Woods and Searbore Rands
(Duo of Paltsor, AR6ft
PLANNING DEPARTMENT
June 4, 1975
W: Honorable city council
FROM: Planning Board
RE: Amending Zoning Ordinance, East aide of Kenduskemg Avenue.
Council Order 212 AC.
gentlemen:
Please be advised that the Planning Board held a public hearing
on the above Clans, June 2, 1975.
Me Board considered the request for a change of zoning.
They considered the proposed use of the area, the soning of adjacent
lands, the changes as
result of the revised zoning ordinance
and those oppasad tothechange.
after considering the uses within the az and the effect
such a change wad have the Planning Board voted unanimously to
approve the request for a zone ehange.
/fs�/
Carl J.s decd
Planning Director
CJH:ns